Page No.# 1/3 GAHC010067952025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RSA/47/2025 NEERA BRAHMA W/O SRI RACHENDRA NATH BRAHMA, R/O KOKRAJHAR TOWN, W/NO 8 (HADANPARA), P.O. AND P.S. KOKRAJHAR, DIST.KOKRAJHAR, BTC, ASSAM, PIN 783370 VERSUS JAYMATI ISLARY W/O LATE ANATH ISLARY, R/O VILL. KUKURMARI, P.O. AND P.S. DHALIGAON, DIST. CHIRANG, BTC, ASSAM, PIN 783385 Advocate for the Petitioner : MR. M U MAHMUD, MS. D BORA,MR S ISLAM,MR S H MAHMUD Advocate for the Respondent : MR. B J MUKHERJEE, FOR CAVEATOR Linked Case : I.A.(Civil)/1244/2025 NEERA BRAHMA W/O SRI RACHENDRA NATH BRAHMA R/O KOKRAJHAR TOWN W/NO 8 (HADANPARA) P.O. AND P.S. KOKRAJHAR DIST.KOKRAJHAR BTC ASSAM Page No.# 2/3 PIN 783370 VERSUS JAYMATI ISLARY W/O LATE ANATH ISLARY R/O VILL. KUKURMARI P.O. AND P.S. DHALIGAON DIST. CHIRANG BTC ASSAM PIN 783385 Advocate for the appellant(s): Mr. MU Mahmud Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 28.04.2025 Mr. MU Mahmud, the learned counsel appearing on behalf of the appellant submits that the appellant would be well advised to prefer an application under Article 227 of the Constitution challenging the order which has been passed by the learned First Appellate Court, rather than filing an appeal under Section 100 of the Code of Civil Procedure, 1908. He, therefore, submits that he may be permitted to withdraw the appeal along with the interlocutory application without prejudice to file appropriate proceedings. Page No.# 3/3 2. Taking into account the above, the instant appeal along with the interlocutory application stand closed on withdrawal. 3. Withdrawal of the instant appeal shall not prejudice the appellant to take appropriate steps under the law. JUDGE Comparing Assistant